Northern Pipeline Socio-Economic and Environmental Terms and Conditions for Southern British Columbia (SI/80-128)

82. Foothills shall implement construction and operation practices to protect, to the satisfaction of the designated officer, fish and fish habitat against any adverse effect of any siltation, excavation of grandular materials, changes in water temperature and chemistry or reduction in dissolved oxygen in the water in any waterbody through which the pipeline passes.

83. Foothills shall not, during the construction of the pipeline, unless permitted by the designated officer, obstruct fish migration by any blockage, diversion or prolonged acceleration of water flow.

84. Foothills shall take measures satisfactory to the designated officer to ensure that any culvert placed in a waterbody frequented by fish does not prevent the passage, during any period set out in the information referred to in subsection 79(1), of fish frequenting such waterbody.

85. Foothills shall take measures satisfactory to the designated officer to ensure that the construction and operation of the pipeline does not unreasonably interfere with any domestic, commercial or sport fishing or adversely affect any fishing area in any area through which the pipeline passes.

• 86. (1) Foothills shall, in a manner satisfactory to the designated officer, inspect fish movements and fish habitat utilization during construction of the pipeline.

• (2) Foothills shall, in carrying out the inspection referred to in subsection (1), evaluate the effectiveness of

  • (a) the construction schedule referred to in section 80,

  • (b) the measures referred to in sections 81, 84 and 85, and

  • (c) the practices referred to in section 82,

  and shall, when requested by the designated officer, report to the designated officer in a manner satisfactory to him the results of the evaluation and of the inspection referred to in subsection (1).

87. Where, in the opinion of the designated officer, the measures referred to in section 81 or 84 are ineffective, Foothills shall take such remedial measures as are satisfactory to the designated officer.

• 88. (1) Foothills shall, in consultation with the government of the Province, identify each area of natural or cultural significance in the vicinity of the proposed route of the pipeline and shall propose a location of the pipeline that, insofar as possible, does not pass through that area.

• (2) Where the location referred to in subsection (1) of the pipeline is in an area identified under that subsection and the location of the pipeline has been approved by the designated officer, Foothills shall take such measures as are satisfactory to the designated officer to protect the natural and cultural values of that area.

89. Foothills shall obtain the approval of the designated officer before commencing construction of the pipeline within 30 m of a monument, archaeological site or burial ground.

90. Foothills shall establish and conduct an archaeological program satisfactory to the designated officer to

• (a) identify and protect or excavate, salvage and investigate historical and archaeological sites, and

• (b) analyze historical, archaeological and associated palaeoecological materials

on land used for or disturbed by the construction of the pipeline.